Orissa High Court: In a writ petition seeking a stay on the construction activity around Madhusudan Law University at Rehman Square, Jobra, Cuttack, S.K. Sahoo and M.S. Sahoo, JJ., directed a stay on the construction work considering the settled position that bar hawking within 100 meters from any educational institution. The decision was made after considering the issues faced by the students, local people, and the problem of drainage and sewerage systems with special emphasis on the safety question of 300 or more female students.
Background
The petitioner’s case was that the construction of a vending zone adjacent to the northern side of the boundary wall of the second campus of the Madhusudan Law University would raise the issue of road congestion leading to traffic problems, water logging, noise, and other pollution, study atmosphere. Itwas also emphasised that the campus activities would be hampered and more particularly risk the safety of 300 or more girl students residing in the newly constructed building complex.
Analysis and Decision
Placing reference on the Bombay Hawkers’ Union v. Bombay Municipal Corpn., (1985) 3 SCC 528, wherein it was discussed and held that there should be no hawking within 100 meters of any educational institution, the Court directed to place a stay on the construction of the vending zone in front of/adjacent to the boundary wall of the 2nd campus of the University till the next date of hearing.
[Aroop Kumar Deo v. State of Odisha, W.P.(C) (P.I.L.) No.10157 of 2025, Decided on: 20-05-2025]
Advocates who appeared in this case:
For the Petitioners: Mr. Prasanna Kumar Nanda, Advocate
For the Respondent: Mr. Jateswar Nayak, Addl. Govt. Advocate; Dr. Purusottam Chuli, Advocate
